Landlord Tenant Rules

As an investor working with tenants you should know the laws of your business. These laws apply whether you own a property or rent it. An evection proceeding is a lawsuit to obtain a court order to remove the tenant. It is not lawful to physically remove the tenant from the premises. Do not consider changing the locks or shutting off the power or any crazy stuff.

Before you commence the proceeding you need to terminate the tenancy. You do this by serving notice on the tenant as required by your states laws. For non payment of rent, the notice is usually 3 to 5 days. If the tenant does pay the rent in full or moved out then you can commence proceeding in court. This proceeding is informal; it's like small claims court. The proceeding takes anywhere from 10 to 30 days. Once the courts declares you a winner a warrant is issued. This document directs a sheriff or marshal or other local official to remove the tenant from the premises. They usually change the locks and removes the tenants personal property. Some counties require you to hire movers to store the tenants' property.

You should learn the landlord tenant laws and the timetable for evictions in your area. The law is not difficult to understand, but it is technical. You should consider hiring a lawyer to file the court proceedings. Make sure they specialize in landlord tenant practice.

Sometimes it may be wise to bribe the tenant to leave. Time is money. The longer the defaulting tenant stays in possession the more money you lose. Consider waiving the rent owed and ask them to leave immediately. Court is the last place you want to be. If you can settle the matter quickly without litigation then do it.

If the tenant leaves voluntarily or by legal force you need to deal with the security deposit. You have to comply with state law about whether you can keep it or not. In most states you have to return the deposit within 30 days or send a certified letter to the tenant stating why you are keeping it. You must follow proper procedure or you could land it court. You can always sue the tenant in small claims court for tent owed and damages, but you cannot withhold the deposit without following the rules.

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